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B-411329.2 1 (2015-07-08)

handle is hein.gao/gaobadrgg0001 and id is 1 raw text is: 




         G    A    O                                                    Comptroller General
      Accountabilty * Integrity * Reliability                           of the United States
United States Government Accountability Office    DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                 The decision issued on the date below was subject to
                                                     a GAO Protective Order. This redacted version has
                                                     been approved for public release.
         D  e c i s i o n                          L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   Invertix Corporation

         File:        B-411329.2

         Date:        July 8, 2015

         Jon W. Burd, Esq., and Margaret E. Matavich, Esq., Wiley Rein LLP, for the
         protester.
         Alexander J. Brittin, Esq., Brittin Law Group, PLLC, and Jonathan D. Shaffer, Esq.,
         and Mary Pat Buckenmeyer, Esq., Smith Pachter McWhorter, Esq., for Information
         Management Group, the intervenor.
         Maj. Michael G. Pond, Department of the Army, for the agency.
         Kenneth Kilgour, Esq., and David A. Ashen, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest that awardee engaged in impermissible bait and switch is denied, where
         the record contains no evidence that the awardee did not intend to staff the task
         order with the proposed key personnel.

         2. Protest that the agency unreasonably failed to consider the relative merits of the
         protester's superior past performance in the best value determination is denied,
         where the terms of the solicitation provided that past performance would be
         evaluated only as acceptable or unacceptable, and that an offeror without a record
         of recent and relevant past performance would be rated acceptable.
         DECISION

         Invertix Corporation, of McLean, Virginia, protests the Department of the Army's
         issuance of a task order to Information Management Group (IMG), of Fairfax,
         Virginia, under request for task order proposals (RTOP) No. W91 1W4-15-R-0004,
         for operation and maintenance of the TROJAN Information Technology (IT)
         Network. Invertix asserts that IMG engaged in a bait and switch when it proposed
         key personnel whom it did not intend to utilize for contract performance. In addition,
         Invertix challenges the evaluation of proposals and resulting best value
         determination.


We deny the protest.

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